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U.S. Federal Courts

Families with trans kids sue Fla. over trans youth healthcare ban

Republican Gov. Ron DeSantis signed bill on March 16

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Florida_Gov_Ron_DeSantis_with_Florida_Surgeon_General_Dr_Joseph_Ladapo
Florida's Governor Ron DeSantis & Surgeon General, Dr. Joseph Ladapo (Screenshot/YouTube WTXL ABC 7 Tallahassee)

A lawsuit on behalf of four families with transgender children was filed Thursday in U.S. District Court for the Northern District of Florida, challenging the state’s Boards of Medicine and Osteopathic Medicine’s ban on gender affirming healthcare for minors.

The legal groups representing the four families, GLBTQ Legal Advocates and Defenders (GLAD), the National Center for Lesbian Rights, the Human Rights Campaign and the Southern Legal Counsel, Inc., noted in the suit that the bans contradict guidelines established through years of clinical research and recommended by every major medical association including the American Academy of Pediatrics, the American Medical Association, and the American Academy of Child and Adolescent Psychiatry.

The lawsuit also spells out that the policies unlawfully strips parents of the right to make informed decisions about their children’s medical treatment and violates the equal protection rights of transgender youth by denying them medically necessary, doctor-recommended healthcare to treat their gender dysphoria. 

The enactment of Florida’s transgender healthcare ban, which went into effect on March 16 has faced considerable scrutiny as a politically-motivated process instigated at the urging of the governor and ignoring established medical and scientific consensus on medical care for transgender youth. 

Statewide LGBTQ Equality rights advocacy group Equality Florida has decried the ban saying it was little more than a cultural war maneuver by Republican Gov. Ron DeSantis who is widely expected to announce a run for the presidency in 2024.

In the summer of 2022, Florida Surgeon General Joseph Ladapo and the Department of Health asked the state Boards of Medicine and Osteopathic Medicine to adopt a categorical ban on all treatment of gender dysphoria for people under 18.

In February and March 2023, respectively, the boards adopted formal rules prohibiting all access to safe, effective medical treatments for trans youth who have received a gender dysphoria diagnosis but who have not yet begun puberty delaying medication or hormone treatments. Surgeon General Ladapo and all members of the Florida Boards of Medicine and Osteopathic Medicine are defendants in the families’ suit challenging the ban.

“This policy came about through a political process with a predetermined conclusion, and it stands in direct contrast to the overwhelming weight of the evidence and science,” said Simone Chriss, director of the Southern Legal Counsel’s Transgender Rights Initiative. “There is an unbelievable degree of hypocrisy when a state that holds itself out as being deeply concerned with protecting ‘parents’ rights’ strips parents of their right to ensure their children receive appropriate medical care. I have worked with families and their healthcare providers in Florida for many years. They work tirelessly every day to ensure the best health outcomes for their kids and patients, and they are worried sick about the devastating impacts that this ban will have.”

“The Florida Boards of Medicine chose to ignore the evidence and science in front of them and instead put families in the unthinkable position of not being able to provide essential healthcare for their kids,” said Jennifer Levi, GLAD’s Senior Director of Transgender and Queer Rights.

“Parents, not the government, should make healthcare decisions for their children,” said Shannon Minter, Legal Director of the National Center for Lesbian Rights. “This policy crosses a dangerous line and should concern anyone who cares about family privacy or the ability of doctors to do their jobs without undue government interference.”    

“It’s alarming to see such a concerted, top-down effort to target a small and vulnerable population,” said Human Rights Campaign Legal Director Sarah Warbelow. “The Florida Surgeon General, Department of Health and Boards of Medicine should be focused on the real and serious public health issues Florida faces, not on putting transgender kids and their families in harm’s way.”

In a press statement by the legal teams representing them, the four families also weighed in:

“Like most parents, my husband and I want nothing more than for our daughter to be healthy, happy, and safe,” said Jane Doe speaking about her 11-year-old daughter, Susan. “Being able to consult with our team of doctors to understand what our daughter is experiencing and make the best, most informed decisions about her care has been critically important for our family. She is a happy, confident child, but this ban takes away our right to provide her with the next step in her recommended treatment when she reaches puberty. The military doctors we work with understand the importance of providing that evidence-based, individualized care. We’re proud to serve our country, but we are being treated differently than other military families because of a decision by politicians in the state where we are stationed. We have no choice but to fight this ban to protect our daughter’s physical and mental health.”

“This ban puts me and other Florida parents in the nightmare position of not being able to help our child when they need us most,” said Brenda Boe, who is challenging the ban on behalf of herself and her 14-year-old son, Bennett Boe. “My son has a right to receive appropriate, evidence-based medical care. He was finally getting to a place where he felt hopeful, where being prescribed testosterone was on the horizon and he could see a future for himself in his own body. That has been ripped away by this cruel and discriminatory rule.” 

“Working with our healthcare team to understand what my daughter is experiencing and learning there are established, effective treatments that are already helping her to thrive has been an incredible relief,” said Fiona Foe, who is challenging the ban on behalf of herself and her 10-year-old daughter, Freya Foe. “I know everyone may not understand what it means to have a transgender child, but taking away our opportunity to help our daughter live a healthy and happy life is cruel and unfair.”

“Our daughter has been saying she is a girl since she was three — it hasn’t gone away,” said Carla Coe, a plaintiff in the lawsuit along with her 9-year-old daughter, Christina Coe. “Since she started being able to live as a girl she has been so much happier and better adjusted. Having the resources and support to make the best decisions for her wellbeing has been so important for our family. I’m scared this ban will take away the essential medical care she may need when she gets older. We just want to do what’s right for our kid.”

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U.S. Federal Courts

Second judge blocks Trump’s anti-trans military ban

Federal courts in D.C. and Washington State have now issued injunctions

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President Donald Trump (Washington Blade photo by Michael Key)

The U.S. District Court for the Western District of Washington on Thursday became the second court to issue a nationwide injunction blocking the enforcement of President Donald Trump’s executive order barring transgender people from military service.

The order in Schilling v. Trump from Judge Benjamin Hale Settle comes after Judge Ana Reyes of the U.S. District Court for the District of Columbia blocked implementation of the ban earlier this month in Talbott v. Trump.

Friday was the date by which the Pentagon was to begin identifying and separating transgender service members from the armed forces, per Trump’s executive action.

The lead attorneys in Talbott v. Trump, GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi and Shannon Minter, legal director of the National Center for Lesbian Rights, shared statements about the injunction in a press release by NCLR.

“Given the thousands of brave and decorated transgender servicemembers facing unthinkable harms as the result of this ban, we are heartened but not surprised by today’s decision,” Levi said. “President Trump’s executive order and Secretary [Pete] Hegseth’s implementation represent a policy that cannot be constitutionally justified. Thousands of transgender servicemembers currently serving have clearly demonstrated they meet all military standards, with many deployed to critical missions worldwide, proving their capabilities beyond question.”

Levi continued, “These dedicated servicemembers and their families have earned our nation’s gratitude and respect, and the government has a responsibility to honor the commitments it has made to them. This is about keeping faith with Americans who have risked everything to defend our freedoms.”

“In both Talbott and Shilling, it was abundantly clear to the court that it must act swiftly to protect our troops from an unconstitutional and indefensible ban that would disrupt the lives and dismantle the careers of thousands of transgender servicemembers and their families,” Minter said. “The harms associated with this ban are gut-wrenching.”

Minter continued, “In each of these cases, the government did not even attempt to claim that any evidence supported its position. There is no reason to discharge individuals who are serving capably and honorably.”

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U.S. Federal Courts

Federal judge hears case that challenges Trump passport executive order

State Department no longer issues passports with ‘X’ gender markers

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A federal judge in Boston on Tuesday heard oral arguments in a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.

Ashton Orr, Zaya Perysian, Sawyer Soe, Chastain Anderson, Drew Hall, Bella Boe, and Reid Solomon-Lane are the plaintiffs in the class action lawsuit the American Civil Liberties Union, the ACLU of Massachusetts, and the private law firm Covington & Burling LPP filed in U.S. District Court for the District of Massachusetts. The lawsuit names Trump and Secretary of State Marco Rubio as defendants.

Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.

Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an “X” gender marker. Zzyym in October 2021 received the first gender-neutral American passport.

The State Department policy took effect on April 11, 2022.

Trump signed the executive order that overturned it shortly after he took office. Rubio later directed State Department personnel to “suspend any application requesting an ‘X’ sex marker and do not take any further action pending additional guidance from the department.”  

“Even before Donald Trump was inaugurated, it was clear to me he wanted to control the lives and identities of transgender people like myself,” said Orr, a transgender man who lives in West Virginia, in a press release the ACLU released before U.S. District Judge Julia Kobick heard the case. “Like many others, I rushed to update my passport hoping I could get an accurate version. Now, the State Department has suspended my application and withheld all my documents from me, including my passport, my birth certificate, and even my marriage license.”

Li Nowlin-Sohl, a staff attorney for the ACLU’s LGBTQ and HIV Project, described the Trump-Vance administration’s passport policy as “openly discriminatory and animated by a transparent desire to drive transgender people out of public life altogether.”

Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.

WorldPride is scheduled to take place in D.C. from May 17-June 8. InterPride, the organization that coordinates WorldPride events, on March 12 issued its own travel advisory for trans and nonbinary people who want to travel to the U.S.

It is unclear when Kobick will issue her ruling. 

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U.S. Federal Courts

Court halts removal of two transgender service members

Case challenging anti-trans military ban proceeds in D.C.

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Laila and Logan Ireland (Photo courtesy of the couple)

A federal court in New Jersey issued a temporary restraining order on Monday that will halt the separation of two transgender service members from the U.S. military while their case in D.C. challenging the Trump-Vance administration’s ban moves forward.

The order by Judge Christine O’Hearn pauses proceedings against Staff Sgt. Nicholas Bear Bade and Master Sgt. Logan Ireland, who “have been pulled from key deployments and placed on administrative absence against their will because of the ban,” according to a joint press release Monday by the National Center for Lesbian Rights and GLAD Law, which are representing the service members together with other litigants in Ireland v. Hegseth and in the case underway in the U.S. District Court for the District of Columbia, Talbott v. Trump.

“That court granted a preliminary injunction March 18 barring the Department of Defense from implementing the ban, finding that it discriminates based on sex and transgender status; that it is ‘soaked in animus;’ and that, due to the government’s failure to present any evidence supporting the ban, it is ‘highly unlikely’ to survive any level of judicial review,” the groups noted in their press release.

Ireland spoke with the Washington Blade in January along with other trans service members and former service members who shared their experiences with the military and their feelings on the new administration’s efforts to bar trans people from the U.S. armed forces.

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